The road to Tobago’s self-government

This is a continuation of the article reflecting on the Constitution (Amendment) (Tobago Self-Government) Bill, 2021, and The Tobago Island Government Bill, 2021 The first part was carried in the Sunday Newsday.

DR VANUS JAMES

DR WINFORD JAMES

Equality of Status

4. PERHAPS the most important problem with the bills laid before the House is that they fail to provide a specific definition of “equal status” of Tobago and Trinidad in the Government of TT.

5. Here, it is proposed that equal status means equal importance, equal responsibility (especially for national unity), equal influence on policy and equal rights.

6. The definition leads naturally to the principle of disproportional representation.

7. In our current system of government, the House of Representatives is designed on the principle of proportional representation, which provides an equal number of voters per representative. This remains appropriate. However, it entrenches the dominance of Trinidad in the work of the House of Representatives. Accordingly, equal status for Tobago cannot be achieved through the House of Representatives. It is to the Senate that the country must look to provide equal status to Tobago.

8. The Constitution must be amended to give meaning to equality of status through the redesign of the Senate of TT. In that redesign:

a. Tobago and Trinidad must each elect the same number of senators. Under this arrangement,

i. If there are to be 30 senators, then 15 should be elected by Tobago and 15 elected by Trinidad.

ii. The President (or designated representative) should cast any tie-breaking vote.

b. This redesign will give Tobago the same commitment to national unity as Trinidad.

c. Equal representation would also protect the rights of Tobagonians as a tiny minority in TT.

9. This proposed solution, though correct in itself, might not be understood and might face stiff resistance from Trinidad. In that case, to get equality of status, there are only three other options:

a. Specific provisions for the concurrence of the Tobago island government on decisions of the national Parliament that have any specific effect on the exercise of its responsibilities or any direct effect on the people of Tobago.

b. Explicit redesign of the Government of TT to create a federal relationship with Tobago.

c. Tobago secession.

10. The above provisions are the simplest solution to the problem of according Tobago equal status, yet they are completely neglected by the bills before the House.

Self-determination

as fundamental rights

11. Self-determination of Tobago in the nation of TT must be explicitly expressed in a set of fundamental rights stated in the Constitution.

12. The bundle of relevant fundamental rights that best define the self-determination of Tobago is the following:

a. The right to explicitly defined (economic geographical) boundaries that reflect the natural and human rights of Tobago and a related fair share of national development financing for Tobago.

i. Here, Tobago would have to be defined using the median (equidistant) boundary line between itself and Trinidad.

ii. In the nation-state as currently defined, everything northwards of the median line would be Tobago and everything southwards of the line would be Trinidad.

b. The right of the people of Tobago to petition and oversee their government (including the Government of TT) without fear of political victimisation and other retribution.

c. The right of the people of Tobago to design and establish a (democratic) government of their choice, including the right to make and implement all relevant laws as well as all rules governing the conduct of the representatives of the people.

d. The right of the people of Tobago to develop the Tobago economy in the interest of the island and the nation.

e. The right of the people of Tobago to agree to any prescribed powers of the Government of TT and to all reserved (unprescribed) powers. The proposed prescribed powers are listed below.

f. The right of the people of Tobago to concurrence whenever, with respect to the prescribed powers of the Government of TT, any decision is made in the Parliament of TT that will have a direct effect on Tobago.

13. The right of concurrence might be exercised through the Tobago senators elected to the redesigned Senate that delivers equality of status to Tobago.

14. Following is the list of areas for which the Government of TT should have responsibility relative to Tobago:

a. The President

b. The Offices of the Prime Minister and Leader of the Opposition

c. Auditor General

d. Civil aviation (concurrence)

e. Immigration (concurrence)

f. Foreign affairs, except foreign (direct and portfolio) investment in Tobago

g. Judiciary

h. Meteorology (concurrence)

i. National security (save and except that internal policing shall be under the jurisdiction of the Tobago Island Government)

j. Ombudsman (concurrence)

k. The Integrity Commission (concurrence)

l. Central banking and the monetary system (concurrence)

m. Central Statistical Office (concurrence)

15. The bills before the House do not provide these fundamental rights. This points to the second major set of errors of these bills.

* Tobago is not defined with its land and sea space – there are no maritime boundaries.

a. There are no constitution reforms to provide the people of Tobago adequate opportunity to petition and oversee the Government of TT.

b. In contravention of 14.e, lists of areas of responsibility and administrative authority (Schedules 1 and 2) are prescribed for the Tobago Island Government.

i. Schedule 1: The list of matters for which the Tobago Executive Council shall have exclusive administrative jurisdiction in Tobago (applicable within eight nautical miles of Tobago’s low watermark). This implies that laws and policies will be made on these matters by the Government of TT, including vital areas that matter for development of Tobago’s competitive capacity, such as education and training, healthcare, tourism, culture and the arts, sports, planning and development, and finance.

ii. Schedule 2: The list of matters for which the Tobago Legislature shall have exclusive law-making powers in Tobago. The list includes some of the same areas prescribed under Schedule 1, such as education and training, healthcare, tourism, culture and the arts, sports, and planning and development.

iii. Which is applicable? How will this work?

c. As if this is an exercise in political devolution rather than self-determination with equal status, all the reserve powers are kept by the Government of TT. For example, development banking and foreign direct investment are not scheduled, so though vital for Tobago’s development they are assumed to be reserved for the Government of TT.

d. In contravention of 14.f, no mechanisms of concurrence are provided.

16. Much of Chapter IIA and therefore Section 141 of the Constitution Amendment Bill before the House have no place in the Constitution. They contravene the fundamental right of Tobago stated in 14.c above.

17. Further, The Tobago Island Government Bill, 2021, contravenes the fundamental right stated in 14.c. Nothing more needs to be said about it. It should not even be laid before the House.

18. The design of the Tobago Island Government should be left up to the people of Tobago, consistent with the fundamental right stated in 14.c.

19. The dispute resolution mechanism in the Constitution Amendment Bill is an artefact of the current THA Act, which envisages disputes over the budget allocated to Tobago. It is not necessary if proper provisions are made for equality of status and self-determination. Under sound arrangements, all disputes can be addressed by the courts.

20. In any event, if a dispute resolution committee is desired, the provisions of Sections 144 and 145 are retrogressive relative to the provisions of Part V of Act 40, 1996. The President should not be embroiled in disputes between the islands making up the nation-state. It is much more appropriate to leave the Ombudsman with the role as chairperson of any balanced dispute resolution commission.

* To be continued on Wednesday